Missouri Statute | Act | Code |Executive Branch| US Code - US Statute | Chapter 33 State Financial Administration

The division of the budget shall:

(1) Assist the director of revenue in preparing estimates and information
concerning receipts and expenditures of all state agencies as required by
the governor and general assembly.

(2) Certify approval of the incurring of every obligation for the payment
of money and that the expenditure is within the purpose of the
appropriation and that there is in the appropriation an unencumbered
balance sufficient to pay it. As a prerequisite to certification, the
commissioner of administration shall ascertain that the obligation to be
incurred is within the work program and budget allotment.

(3) Preapprove all claims and accounts and certify them to the state
treasurer for payment. As a prerequisite to his preapproval of claims and
accounts, the commissioner of administration shall ascertain that the
claims and accounts are regular and correct.

(4) Prepare and report to the governor or to the general assembly or
either house thereof when requested any financial data or statistics
which he or it requires, such as monthly or quarterly estimates of the
state's income and cost figures on the current operations of departments,
institutions or agencies. (L. 1945 p. 1428 § 36, A.L. 1959 S.B. 5)

CROSS REFERENCES: Blind pensions, duty of commissioner of administration,
RSMo 209.090 Commissioner of administration to head division of budget,
be successor to comptroller, RSMo 37.010

When the governor and the President of the United States declare
a disaster has occurred in the state and federal funds are provided under
Public Law 81-875 or any other law, the federal funds advanced for a
portion of the amount of the approved application may be readvanced to
the applicant in accordance with the terms of the offer. The division of
the budget is not required to preapprove the claims and accounts as a
prerequisite to readvancing the federal funds as required by subdivision
(3) of section 33.030. The commissioner of administration shall ascertain
that the claims and accounts are regular and correct prior to the payment
of the final portion of the approved amount of the claim. (L. 1967 p. 113
§ 1)

1. No expenditure shall be made and no obligation incurred by any
department without certification by the commissioner of administration
pursuant to the provisions of section 33.030.

2. At the time of issuance, each certification shall be entered on the
general accounting books by the commissioner of administration as an
encumbrance on the appropriation and on the allotment. If the obligation
is not incurred after the certification has been entered on the general
accounting books as an encumbrance on the appropriation and on the
allotment, the certification shall be removed from the general accounting
books as an encumbrance on the appropriation and on the allotment. Any
officer or employee of the state who makes any expenditure or incurs any
obligation without first securing the certifications from the
commissioner of administration is personally liable and liable on his
bond for the amount of the expenditure or obligation. To prevent
inconvenience and delay, the commissioner of administration may establish
a system for certification of emergency or anticipated minor obligations
and expenditures and nonbudgetary expenditures. (RSMo 1939 § 10907, A.L.
1945 p. 1428 § 60, A.L. 1959 S.B. 5)

CROSS REFERENCES: Extradition, governor to certify expenses, RSMo 548.241
Partial payment on construction work, duty of state auditor, RSMo 8.260,
8.270 War surplus materials, contracts for, RSMo 34.110

When any money in the state treasury has been allocated or
apportioned to the several counties or other political subdivisions of
the state by an officer or board authorized to allocate or apportion the
money, the allocation or apportionment shall be certified to the
commissioner of administration by the officer or board making it. (L.
1945 p. 1428 § 61, A.L. 1959 S.B. 5)

CROSS REFERENCES: Costs in criminal cases, state pays, when, RSMo
550.020, 550.040 State property, state to pay tax bills for local public
improvements, RSMo 88.900

The commissioner of administration shall keep the general
accounting books of the state, and be the keeper of all public account
books, accounts, vouchers, documents, and all papers relating to the
accounts and contracts of the state, and its revenue, debt and fiscal
affairs, including an account of all moneys received by the state from
any source and of every separate fund in the treasury authorized by law.
(L. 1945 p. 1428 § 37, A. 1949 S.B. 1015, A.L. 1959 S.B. 5)

CROSS REFERENCES: Appropriations, limitations on, RSMo 21.260, 26.030
Settlement of accounts, duty of officers receiving moneys due state, RSMo
105.060 to 105.130, 139.300, 140.750 State treasurer, monthly reports to
be made to commissioner of administration, RSMo 30.350 Uniform system of
accounting, budget director to cooperate with state auditor, RSMo 29.180

No appropriation shall confer authority to incur an obligation
after the termination of the fiscal year to which it relates, and every
appropriation shall expire two months after the end of the period for
which made; provided, however, that such expiration date shall be six
months after the end of such period for those governmental functions
which require the utilization of good weather periods. (L. 1959 S.B. 184
§ 1, A.L. 1980 S.B. 517)

1. All fees, funds and moneys from whatsoever source received by
any department, board, bureau, commission, institution, official or
agency of the state government by virtue of any law or rule or regulation
made in accordance with any law, excluding all funds received and
disbursed by the state on behalf of counties and cities, towns and
villages shall, by the official authorized to receive same, and at stated
intervals of not more than thirty days, be placed in the state treasury
to the credit of the particular purpose or fund for which collected, and
shall be subject to appropriation by the general assembly for the
particular purpose or fund for which collected during the biennium in
which collected and appropriated. The unexpended balance remaining in all
such funds (except such unexpended balance as may remain in any fund
authorized, collected and expended by virtue of the provisions of the
constitution of this state) shall at the end of the biennium and after
all warrants on same have been discharged and the appropriation thereof
has lapsed, be transferred and placed to the credit of the ordinary
revenue fund of the state by the state treasurer. Any official or any
person who shall willfully fail to comply with any of the provisions of
this section, and any person who shall willfully violate any provision
hereof, shall be deemed guilty of a misdemeanor; provided, that all such
money received by the curators of the University of Missouri except those
funds required by law or by instrument granting the same to be paid into
the seminary fund of the state, is excepted herefrom, and in the case of
other state educational institutions there is excepted herefrom, gifts or
trust funds from whatever source; appropriations; gifts or grants from
the federal government, private organizations and individuals; funds for
or from student activities; farm or housing activities; and other funds
from which the whole or some part thereof may be liable to be repaid to
the person contributing the same; and hospital fees. All of the above
excepted funds shall be reported in detail quarterly to the governor and
biennially to the general assembly.

2. Notwithstanding any provision of law to the contrary concerning the
funds listed in subdivisions (1) to (23) of this subsection, an amount
equal to the sum of all interest that has accrued in the funds listed in
subdivisions (1) to (23) of this subsection during the two-year period
beginning July 1, 2001, and ending June 30, 2003, shall be transferred
and placed to the credit of the general revenue fund of the state by the
state treasurer upon the effective date of this act*. The funds subject
to the provisions of this section are as follows:

(1) Residential mortgage licensing fund created pursuant to section
443.845, RSMo;

(2) Gaming commission bingo fund created pursuant to section 313.008,
RSMo;

(3) Missouri air emission reduction fund created pursuant to section
643.350, RSMo;

(4) Mental health housing trust fund created pursuant to section 215.054,
RSMo;

(5) Division of credit unions fund created pursuant to section 370.107,
RSMo;

(6) Division of savings and loan supervision fund created pursuant to
section 369.324, RSMo;

(7) Division of finance fund created pursuant to section 361.170, RSMo;

(8) Natural resources protection fund created pursuant to section
640.220, RSMo, with the exception of the water permit fees subaccount and
damages subaccount;

(9) Endowed care cemetery audit fund created pursuant to section 193.265,
RSMo;

(10) Metallic minerals waste management fund created pursuant to section
444.370, RSMo;

(11) Natural resources protection air pollution asbestos fee subaccount
fund created pursuant to section 643.245, RSMo;

(12) Chemical emergency preparedness fund created pursuant to section
292.607, RSMo;

(13) Legal defense and defender fund created pursuant to section 600.090,
RSMo;

(14) Safe drinking water fund created pursuant to section 640.110, RSMo;

(15) Coal mine land reclamation fund created pursuant to section 444.960,
RSMo;

(16) Missouri horse racing commission fund created pursuant to section
313.530, RSMo;

(17) Hazardous waste remedial fund created pursuant to section 260.480,
RSMo;

(18) Missouri air pollution control fund created pursuant to section
307.366, RSMo;

(19) Property reuse fund created pursuant to section 447.710, RSMo;

(20) State transportation assistance revolving fund created pursuant to
section 226.191, RSMo;

(21) Correctional substance abuse earnings fund created pursuant to
section 559.635, RSMo;

(22) Mined land reclamation fund created pursuant to section 444.730,
RSMo;

(23) Aviation trust fund created pursuant to section 155.090, RSMo.

3. Notwithstanding any provision of law to the contrary concerning the
funds listed in subdivisions (1) to (5) of this subsection, the amount
specified for each fund listed in subdivisions (1) to (5) of this
subsection shall be transferred and placed to the credit of the general
revenue fund of the state by the state treasurer before October 1, 2003.
The funds subject to the provisions of this subsection and the amount of
transfer are as follows:

(1) State fair fees fund created pursuant to section 262.260, RSMo, six
thousand dollars;

(2) Petroleum inspection fund created pursuant to section 414.082, RSMo,
seventy-seven thousand six hundred and seventeen dollars;

(3) Department of revenue information fund pursuant to section 32.067,
RSMo, two hundred and fifty thousand dollars;

(4) Secretary of state's technology trust fund account established
pursuant to section 28.160, RSMo, one hundred and two thousand dollars;

(5) Administrative trust fund established pursuant to subsection 11 of
section 37.005, RSMo, three million five hundred thousand dollars. (RSMo
1939 § 13051, A.L. 1945 p. 1977 § 17, A.L. 1959 H.B. 390, A.L. 1999 H.B.
516, A.L. 2003 S.B. 675)

*This act (S.B. 675, 2003) contained an effective date of 1-1-04 for §
339.105; remainder of act became effective 8-28-03.

CROSS REFERENCE: State funds, see list in General Index under heading
STATE FUNDS

1. If a state agency makes application for participation in and
for grants of federal funds under federal law, the agency shall at the
time of the application furnish a copy thereof to the director of the
budget, the legislative fiscal officer, the chairman of the senate
appropriations committee and the chairman of the house appropriations
committee and the minority floor leader of the senate and the house of
representatives. Unless the application contains a description of the
state program which is the basis for the application, a description of
the program shall be annexed to the copy of the application.

2. If any application is changed in any respect, a copy of the change
shall be furnished to each of the six officers.

3. A progress report on each application shall be furnished to each of
the six officers by the agency at least twice each year.

4. A final report as to the final disposition of each application shall
also be furnished to each of the six officers. (L. 1967 p. 114 § 1)

The commissioner of administration shall be empowered to
promulgate rules and regulations governing the incurring and payment of
reasonable and necessary travel and subsistence expenses actually
incurred on behalf of the state. No rule or portion of a rule promulgated
under the authority of this chapter shall become effective unless it has
been promulgated pursuant to the provisions of section 536.024, RSMo. (L.
1945 p. 1428 § 39, A.L. 1977 S.B. 75, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

(1973) Rules adopted pursuant to this section are "legislative rules" and
should be accorded the force and effect of law until invalidated by
judicial decision or repealed or amended by legislative enactment. State
ex rel. Danforth v. Riley (A.), 499 S.W.2d 40.

Other provisions of law notwithstanding, in every instance where
an officer or employee of the state or any county, except first class
counties with a charter form of government, is paid a mileage allowance
or reimbursement, the allowance or reimbursement shall be computed at the
rate of ten cents per mile unless a higher rate is specifically
authorized by statute or order of the commissioner of administration. (L.
1969 H.B. 49 § 1)

CROSS REFERENCE: Higher mileage allowance to be paid by county, when,
RSMo 50.333

The salaries of all elective and appointive officers and
employees of the state shall be paid out of the state treasury, in
semimonthly or monthly installments as designated by the commissioner of
administration. The accounts and names of the officers and employees
shall be presented to the commissioner of administration and a warrant
therefor upon the state treasury shall be issued to be paid out of the
appropriation made for such purpose. The accounts of the officers and
employees shall be stated in their names, respectively, and the
correctness thereof shall be certified to by the officers, respectively,
in whose employment they are. (RSMo 1939 § 13391, A. 1949 S.B. 1015, A.L.
1980 H.B. 1266)

Prior revisions: 1929 § 11769; 1919 § 10979; 1909 § 10682

This act* shall not apply to any state employee desiring to be
paid by the month. (L. 1980 H.B. 1266 § B)

*"This act" (H.B. 1266, 1980) contained numerous sections. Consult
Disposition of Sections table for a definitive listing.

Whenever the employment of any employee of this state shall be
terminated by death, there shall be paid to such employee's designated
beneficiary or to his estate compensation for the number of days of
unused vacation to which said employee was entitled at the time of his
death as fixed by the laws, rules, and regulations then in effect
regarding such employment. (L. 1967 p. 114 § 1)

1. Whenever the employees of any state department, division or
agency establish any voluntary retirement plan, or participate in any
group hospital service plan, group life insurance plan, medical service
plan or other such plan, or if they are members of an employee collective
bargaining organization, or if they participate in a group plan for
uniform rental, the commissioner of administration may deduct from such
employees' compensation warrants the amount necessary for each employee's
participation in the plan or collective bargaining dues, provided that
such dues deductions shall be made only from those individuals agreeing
to such deductions. Before such deductions are made, the person in charge
of the department, division or agency shall file with the commissioner of
administration an authorization showing the names of participating
employees, the amount to be deducted from each such employee's
compensation, and the agent authorized to receive the deducted amounts.
The amount deducted shall be paid to the authorized agent in the amount
of the total deductions by a warrant issued as provided by law.

2. The commissioner of administration may, in the same manner, deduct
from any state employee's compensation warrant:

(1) Any amount authorized by the employee for the purchase of shares in a
state employees' credit union in Missouri;

(2) Any amount authorized by the employee for contribution to a fund
resulting from a united, joint community-wide solicitation or to a fund
resulting from a nationwide solicitation by charities rendering services
or otherwise fulfilling charitable purposes if the fund is administered
in a manner requiring public accountability and public participation in
policy decisions;

(3) Any amount authorized by the employee for the payment of dues in an
employee association;

(4) Any amount determined to be owed by the employee to the state in
accordance with guidelines established by the commissioner of
administration which shall include notice to the employee and an appeal
process;

(5) Any amount voluntarily assigned by the employee for payment of child
support obligations determined pursuant to chapter 452 or 454, RSMo; and

(6) Any amount authorized by the employee for contributions to any
"qualified state tuition program" pursuant to Section 529 of the Internal
Revenue Code of 1986, as amended, sponsored by the state of Missouri.

3. The commissioner of administration may establish a cafeteria plan in
accordance with Section 125 of Title 26 United States Code for state
employees. The commissioner of administration must file a written plan
document to be filed in accordance with chapter 536, RSMo. Employees must
be furnished with a summary plan description one hundred twenty days
prior to the effective date of the plan. In connection with such plans,
the commissioner may:

(1) Include as an option in the plan any employee benefit, otherwise
available to state employees, administered by a statutorily created
retirement system;

(2) Provide and administer, or select companies on the basis of
competitive bids or proposals to provide or administer, any group
insurance, or other plan which may be included as part of a cafeteria
plan, provided such plan is not duplicative of any other plan, otherwise
available to state employees, administered by a statutorily created
retirement system;

(3) Include as an option in the plan any other product eligible under
Section 125 of Title 26 of the United States Code, subject to regulations
promulgated by the office of administration, and including payment to the
state by vendors providing those products for the cost of administering
those deductions, as set by the office of administration; and

(4) Reduce each participating employee's compensation warrant by the
amount necessary for each employee's participation in the cafeteria plan,
provided that such salary reduction shall be made only with respect to
those individuals agreeing to such reduction. No such reduction in salary
for the purpose of participation in a cafeteria plan shall have the
effect of reducing the compensation amount used in calculating the state
employee's retirement benefit under a statutorily created retirement
system or reducing the compensation amount used in calculating the state
employee's compensation or wages for purposes of any workers'
compensation claim governed by chapter 287, RSMo.

4. Employees may authorize deductions as provided in this section in
writing or by electronic enrollment. (L. 1951 p. 544 § 1, A.L. 1969 p.
92, A.L. 1975 H.B. 227, A.L. 1977 H.B. 333, A.L. 1987 S.B. 314, A.L. 1989
H.B. 493, A.L. 1990 S.B. 744, A.L. 1993 H.B. 609, A.L. 1997 H.B. 652,
A.L. 1998 S.B. 642, A.L. 1999 S.B. 460, A.L. 2004 H.B. 959, A.L. 2005
S.B. 133)

CROSS REFERENCE: Earnings tax not to include deferred compensation and
certain salary deferred or reduction plans, RSMo 92.112

The fiscal year of the state shall commence on July first and
terminate on June thirtieth following, and the books, accounts and
reports of the public officers shall be made to conform thereto; and all
reports required by law to be made to the general assembly shall be made
during the first twenty days after the meeting of the general assembly.
(RSMo 1939 § 13020, A.L. 1945 p. 1977 § 10)

Prior revisions: 1929 § 11398; 1919 § 13295; 1909 § 11808

1. Persons having claims against the state shall exhibit the
same, with the evidence in support thereof, to the commissioner of
administration, for the commissioner's approval, within two years after
such claims shall accrue, and not thereafter.

2. Any claim against the state for an item subject to statutory
reimbursement which accrues during a fiscal year in which the governor
reduces an allotment of appropriations pursuant to section 33.290 shall
be paid at such reduced rate regardless of the fiscal year in which the
claim is submitted, if such claim is for an item identified by the
governor as being subject to reduction. (RSMo 1939 § 13038, A.L. 1945 p.
1428 § 40, A.L. 1997 S.B. 240)

Prior revisions: 1929 § 11416; 1919 § 13322; 1909 § 11823

In all suits brought in behalf of the state, no debt or claim
shall be allowed against the state as a setoff, but such as have been
exhibited to the commissioner of administration, and by him approved or
disapproved, except only in cases where it shall be proved, to the
satisfaction of the court, that the defendant, at the time of his trial,
is in possession of vouchers which he could not produce to the
commissioner of administration, or that he was prevented from exhibiting
the claim to the commissioner of administration by absence from the
state, sickness or unavoidable accident. (RSMo 1939 § 13039, A.L. 1945 p.
1428 § 41)

Prior revisions: 1929 § 11417; 1919 § 13323; 1909 § 11824

Whenever the commissioner of administration may think it
necessary to the proper settlement of any account, he may examine the
parties, witnesses and others, on oath or affirmation, touching any
matter material to be known in the settlement of such account, and for
this purpose may issue subpoenas, and compel witnesses to attend before
him and give evidence, in the same manner and by the same means allowed
by law to courts of record. (RSMo 1939 § 13040, A.L. 1945 p. 1428 § 42)

Prior revisions: 1929 § 11418; 1919 § 13324; 1909 § 11825

The original of all accounts, vouchers and documents approved or
to be approved by the commissioner of administration shall be preserved
in his office; and copies thereof shall be given without charge to any
person, county, city, town, township and school or special road district
interested therein, that may require the same for the purpose of being
used as evidence in the trial of the cause, and like copies shall be
furnished to any corporation or association requiring the same, under
tender of the fees allowed by law; provided, that, during each biennial
session of the general assembly, the commissioner of administration may,
in the presence of a joint committee of the house of representatives and
senate, destroy by burning or by any other method satisfactory to said
joint committee all paid accounts, vouchers and duplicate receipts of the
state treasurer and other documents which may have been on file in the
office of the commissioner of administration or his predecessor as
custodian of such documents for a period of five years or longer, except
such documents as may at the time be the subject of litigation or
dispute. Said joint committee shall consist of four members of the house
of representatives, to be appointed by the speaker of the house of
representatives, and two members of the senate, to be appointed by the
president pro tem of the senate. (RSMo 1939 § 13041, A.L. 1945 p. 1428 §
43)

Prior revisions: 1929 § 11419; 1919 § 13325; 1909 § 11826

1. The commissioner of administration and the state treasurer may
establish an electronic funds transfer system to transfer directly into
payees' accounts in financial institutions in payment of any account
allowed against the state.

2. A single transfer may contain payments to multiple payees.

3. The commissioner of administration and the state treasurer, by joint
rules, shall establish the standards and procedures for administering the
system. (L. 1990 S.B. 838)

In all cases of accounts allowed against the state, and in all
cases of grants, salaries, pay and expenses allowed by law, the
commissioner of administration shall fill in on a form of warrant the
amount due and other necessary information. The form of the warrant thus
filled in by the commissioner of administration shall be transmitted with
the commissioner of administration's certification to the state
treasurer. Except when payments are authorized by law to be
electronically transferred, the warrant shall be in such form that a
single instrument shall serve as the warrant and the state treasurer's
draft or check, and shall be so designed that it is a nonnegotiable
warrant when signed by the commissioner of administration and becomes a
negotiable check or draft after it has been signed by the state
treasurer. (RSMo 1939 § 13042, A.L. 1945 p. 1428 § 43a, A.L. 1957 p. 493,
A.L. 1959 S.B. 5, A.L. 1990 S.B. 838)

Prior revisions: 1929 § 11420; 1919 § 13326; 1909 § 11827

No claim or account shall be preapproved by the commissioner of
administration, nor shall any warrant be paid by the state treasurer,
unless the money has been previously appropriated by law; nor shall the
whole amount drawn for or paid, under any one head, ever exceed the
amount appropriated by law for that purpose. (RSMo 1939 § 13043, A.L.
1945 p. 1428 § 44, A.L. 1945 p. 1977 § 11, A. 1949 S.B. 1015)

Prior revisions: 1929 § 11421; 1919 § 13327; 1909 § 11828

CROSS REFERENCES: Appropriations, limitations on, RSMo 21.260, 26.030
Withdrawals from state treasury, limitations on, duty of commissioner of
administration, Const. Art. III § 36, Art. IV § 28

1. If any office, elective or appointive, the emoluments of which
are required to be paid out of the state treasury, is contested or
disputed by two or more persons claiming the right thereto in any legal
proceeding, then no claim shall be certified, nor any warrant drawn by
the commissioner of administration nor paid by the treasurer, for the
salary by law attached to the office until the right to the office is
legally determined between the persons claiming the right.

2. If the person to whom the commission for the office has been issued
delivers to the party contesting his right to the office a good and
sufficient bond in double the amount of the annual salary of the office,
conditioned that if, upon final determination of the rights of the
contestants, it is decided that the obligor is not, and the obligee
therein is, entitled to the office in controversy, he shall pay over to
the obligee the amount of salary therefor drawn by him as the officer,
together with ten percent interest thereon from the date of the receipt
of each installment received by him, then, notwithstanding the provisions
of this law, a claim may be certified and a warrant drawn by the
commissioner of administration and paid by the treasurer, to the person
holding the commission for the amount of his salary as it becomes due.

3. Any person contesting the election of any officer shall give notice of
the contest to the commissioner of administration and no contest shall be
heard or determined until he satisfies the tribunal trying the contest
that the notice has been given. (RSMo 1939 § 13045, A.L. 1945 p. 1428 §
45, A.L. 1945 p. 1977 § 12, A. 1949 S.B. 1015, A.L. 1959 S.B. 5)

Prior revisions: 1929 § 11423; 1919 § 13329; 1909 § 11830

1. If a state check is lost or destroyed, the payee of such check
shall prepare and file with the state treasurer an affidavit under oath
setting forth the facts pertaining to such loss or destruction. Such
affidavit shall constitute a request for the issuance of a replacement
check if the issuance of a replacement check is deemed appropriate. If a
state payroll check is lost or destroyed prior to delivery to the payee,
a person responsible for that payroll may prepare and file with the state
treasurer an affidavit under oath setting forth the facts pertaining to
such loss or destruction. Such affidavit shall constitute a request for
the issuance of a replacement check if the issuance of a replacement
check is deemed appropriate. If the check was endorsed and delivered to a
third party other than to a bank, trust company, savings and loan
association, or building and loan association which made and preserved
photographic or microfilm record of the check, during the normal course
of business prior to its loss or destruction, the third party who was in
possession of the check at the time of its loss or destruction may
prepare and file with the state treasurer an affidavit under oath setting
forth the fact of endorsement and delivery of the check and the facts
pertaining to the loss or destruction. Such affidavit shall constitute a
request for the issuance of a replacement check if the issuance of a
replacement check is deemed appropriate. If the check was endorsed and
delivered to a bank, trust company, savings and loan association, or
building and loan association which made and preserved a photographic or
microfilm copy of the check, the treasurer may accept such copy as proof
that the check was in lawful possession of the bank, trust company,
savings and loan association, or building and loan association at the
time of the loss or destruction and the treasurer may pay the check on
the photographic copy after issuing a stop-payment order on the original
check and receiving acknowledgment of the stop-payment order from the
bank dispensing state funds in payment of such check, or by otherwise
ensuring that the original check will not be paid.

2. The state treasurer shall, after receipt of the affidavit or statement
and copy, and upon a determination by the state treasurer that the lost
or destroyed check has not been presented to the treasurer for payment,
issue a stop-payment order for the lost or destroyed check to the bank
depositary on which the lost or destroyed check is drawn, and shall
reissue a replacement check to the payee of the check which has been lost
or destroyed or to the payee of the check and the third party to whom the
check was endorsed and delivered.

3. Any person who shall knowingly make false affidavit for the purpose of
procuring a replacement check, or shall procure a replacement check by
false representation, or shall negotiate any check for which the person
has caused a replacement check to be issued, or who negotiates any
replacement check procured by false affidavit or false representation,
shall be guilty of stealing and shall be tried under the general criminal
laws of this state pertaining to such offenses and upon conviction shall
be punished in accordance with the general law. (RSMo 1939 § 13079, A.L.
1945 p. 1428 § 45a, A.L. 1959 S.B. 5, A.L. 1972 H.B. 1047, A.L. 1980 H.B.
1667, A.L. 1983 H.B. 389, A.L. 1988 H.B. 1260, A.L. 1989 S.B. 444, A.L.
1994 H.B. 1553 merged with S.B. 684)

Prior revisions: 1929 § 11462; 1919 § 13368; 1909 § 11869

If a warrant or check in payment therefor cannot be delivered or
if the commissioner of administration finds that, for any reason, the
warrant or check cannot legally be paid, the amount thereof shall be
removed as an encumbrance against the appropriation and allotment on
which the warrant is drawn and appropriate entries shall be made on the
general accounting books to restore the amount of the warrant or check to
the fund on which it is drawn and to the appropriation and allotment
thereof. (L. 1957 p. 495)

If the commissioner of administration knowingly certifies any
claims or accounts for payment, not authorized by law, he shall, upon
conviction, be punished by imprisonment in the penitentiary for not less
than two years nor more than five years. (RSMo 1939 § 13059, A.L. 1945 p.
1428 § 46, A. 1949 S.B. 1015, A.L. 1959 S.B. 5)

Prior revisions: 1929 § 11435; 1919 § 13341; 1909 § 11842

Where a delay in submitting a fee, application, report or other
form to a state agency may result in the assessment of penalties or
interest by such agency, no penalty or interest may be assessed for any
period during which the proper fee, or properly completed application,
report or form was in the possession of the state agency in a timely
manner, or for any period of delay not attributable to the reasonable and
practical processing of the application, report or form by the state
agency. (L. 1986 H.B. 1320 § 1)

1. The director of the budget shall assist the governor in the
preparation of the budget and in his other duties in relation thereto.

2. The budget director shall develop and implement a performance- based
budgeting system that establishes goals and objectives, provides detailed
measures of program and fund performance against attainment of planned
outcomes, and provides for program evaluations. The governor may consider
all outcome measures used for each program and fund as compared with the
attainment of the established goals and objectives of each program or
fund for the past three fiscal years in preparing budget recommendations
pursuant to section 33.270. Such outcome measures and attainment of
established goals and objectives for each program and fund shall be
considered by the general assembly in approving appropriation levels for
each program and fund. (L. 1945 p. 1428 § 48, A.L. 2003 S.B. 299 & 40)

On or before October first in each year preceding the annual
session of the general assembly, each department shall submit to the
budget director estimates of its requirements for appropriations for the
year commencing on the first day of July next. Such estimates shall be on
forms prescribed by the budget director. Such forms shall provide, as
nearly as practicable, for a uniform presentation and classification of
estimates. Blank copies of forms on which estimates shall be submitted
shall be sent by the budget director to each department on or before
September first of each such year. Estimates shall be submitted for each
subdepartment, division or bureau of each department down to the smallest
organization unit and for the department as a whole. Separate estimates
shall be submitted for each fiscal year. Separate estimates shall also be
submitted for each fund from which requested appropriations are to be
made, and on another form such estimates shall be consolidated to show
total estimates from all funds. All such estimates shall be so subdivided
and classified as to show all estimated expenditures for all purposes in
such detail as may be required by the budget director. All estimates for
federal funds shall include the amount of federal funds required, the
federal program number of each federally funded program the department
plans to administer, the amount, if any, of state funds required for each
program, a description adequate to give the members of the legislature
knowledge of the objectives of each program and such other information as
may be required by the budget director. Estimates shall show separately
the requirements for ordinary expenditures for operation and maintenance,
extraordinary expenditures for operation and maintenance, and capital
expenditures. Each estimate for extraordinary expenditure and for capital
expenditure shall be explained in detail. The estimates shall be
accompanied by such reports, data or other explanatory matter as the
department may care to submit. (RSMo 1939 § 10896, A.L. 1945 p. 1428 §
49, A.L. 1971 S.B. 319)

The estimate forms shall contain a sufficient number of columns
to provide for the estimates for the two fiscal years of the biennium and
in addition thereto for the expenditures of the two fiscal years of the
preceding biennium. Such expenditures shall be entered on the forms by
the budget director and shall show the actual expenditures of the first
fiscal year of the current biennium and the estimated expenditure for the
second fiscal year of the current biennium. In preparing such estimates
for the second fiscal year, the budget director may require the
assistance of any department. Such forms shall also provide a column in
which the recommendation of the governor may be entered. (RSMo 1939 §
10897, A.L. 1945 p. 1428 § 50)

The budget director shall prepare estimates of revenue for each
fund for each fiscal year of the biennium to which the budget applies, so
classified as to show in detail the amounts expected to be received from
each source. He may require each department collecting or receiving any
revenues or earnings from any source to submit to him its estimates of
expected revenue or earnings from each source as an aid to him in
preparing revenue estimates. In parallel columns with such estimates, he
shall show the actual revenues for each fund and source in the first
fiscal year of the current biennium and the estimated revenues for the
second fiscal year of the current biennium. (RSMo 1939 § 10898, A.L. 1945
p. 1428 § 51)

The budget director shall check all estimates submitted to see
that all information required is included and may require any additional
information from any department. He shall then submit all estimates to
the governor, who may either himself or through the budget director call
in any officer of any department to consider the estimates of such
department and may order any further investigation of any item. The
governor shall then prepare his tentative recommendations on each of the
estimates and may hold such further conferences with any officer as he
may wish. After the preparation of such recommendations they, or a
summary thereof, shall be made public and a public hearing thereon may be
held by the governor at which any person may appear and make suggestions
as to any item or items or concerning the budget as a whole. After such
hearing, the governor shall prepare his final budget for submission to
the general assembly. (RSMo 1939 § 10899, A.L. 1945 p. 1428 § 52)

In any year in which a governor-elect assumes office the budget
shall be the budget of the new governor and shall be submitted to the
general assembly by him. The division of the budget shall render to the
governor-elect all possible assistance in the preparation of the budget.
The governor and the departments, institutions or agencies of the state
shall furnish the governor-elect estimates and other budget information,
in order that the governor-elect may discharge effectively his budget
responsibilities upon assuming office. (RSMo 1939 § 10900, A.L. 1945 p.
1428 § 53)

The budget shall be submitted to the general assembly in printed
form. Such budget shall be in two parts:

(1) A budget message outlining the fiscal policy of the state for the
biennium and describing the important features of the budget plan; giving
a summary of the budget setting forth aggregate figures of proposed
revenues and expenditures and the balanced relations between the proposed
revenues and expenditures and the total expected income and other means
of financing the budget compared with the corresponding figures for the
preceding biennium; including explanatory schedules classifying proposed
expenditures by organization units, objects and funds; giving estimated
statements of assets and liabilities as of the close of the preceding
biennium and of the budget biennium; explaining any proposed major
increases in revenue from any existing source or any new source of
revenue proposed, and giving any further information or making any
suggestions;

(2) The detailed budget estimates of revenues and expenditures for each
fund as provided for in this act showing the recommendations of the
governor on each, compared with the figures for each of the fiscal years
of the preceding biennium, including all outcome measures used for each
program and fund as compared with the attainment of the established goals
and objectives of each program and fund for the past three fiscal years
and projected outcome measures for each program and fund for the current
fiscal year and the next two fiscal years, the most recent reports done
by the state auditor's office and any evaluations done by the oversight
division of the committee on legislative research for each fund and
program and giving an explanation of each major change in the
recommendations from the revenues and expenditures in the previous
biennium. (RSMo 1939 § 10901, A.L. 1945 p. 1428 § 54, A.L. 2003 S.B. 299
& 40)

The budget shall be submitted to the general assembly within
thirty days after the general assembly convenes in each regular session.
Copies of the budget shall be available for public distribution. (RSMo
1939 § 10903, A.L. 1945 p. 1428 § 56)

1. Subject to appropriation the office of administration shall
develop a tax expenditure budget for submission to the general assembly
in conjunction with the submission of the state budget as required in
section 33.280. The tax expenditure budget shall indicate, on an annual
basis, the reduction in revenue collections for each fiscal year as a
result of each deduction, exemption, credit or other tax preference as
may be authorized by law, and shall indicate, where appropriate, the tax
source of each state-funded program. Periodically the tax expenditure
budget shall include a cost-benefit analysis of the following:

(1) The neighborhood assistance program, sections 32.100 to 32.125, RSMo;

(2) Tax increment financing, sections 99.800 to 99.865, RSMo;

(3) Export and infrastructure funding, sections 100.250 to 100.297, RSMo;

(4) Credit for new expanded business facility, sections 135.100 to
135.150, RSMo;

(5) Enterprise zones, sections 135.200 to 135.256, RSMo;

(6) Main street program, sections 251.470 to 251.485, RSMo;

(7) Economic development districts, sections 251.500 to 251.510, RSMo;

(8) Rural economic development, sections 620.155 to 620.165, RSMo;

(9) Export development, sections 620.170 to 620.174, RSMo;

(10) Small business incubator program, section 620.495, RSMo; and

(11) Other programs as may be practical. Pursuant to the provisions of
section 32.057, RSMo, the department of revenue shall not release
information as part of the tax expenditure budget in a manner that would
allow the identification of any individual taxpayer.

2. On or before October first of each year each state department
authorized by law to offer deductions, exemptions, credits or other tax
preferences shall submit to the budget director the estimated amount of
such tax expenditures for the fiscal year beginning July first of the
following year and a cost/benefit analysis of such tax expenditures for
the preceding fiscal year. Such estimates and analysis shall be in the
manner and form prescribed by the budget director and shall be submitted
by the budget director to the chairman of the senate appropriations
committee and the chairman of the house budget committee by January first
of each year.

3. No new tax credits, except the senior citizens property tax credit as
referenced in chapter 135, RSMo, shall be issued or certified for any tax
year beginning after July first of the following year unless the estimate
of such credits have been reviewed and approved by a majority of the
senate appropriations committee and the house budget committee. (L. 1988
H.B. 1054, et al. § 2, A.L. 1993 H.B. 566, A.L. 1995 H.B. 414)

1. The "Budget Stabilization Fund" is hereby created in the state
treasury for use in meeting the program funding requirements of the state.

2. In any budget submitted to the general assembly, the governor may
recommend an appropriation to the budget stabilization fund, which
appropriation shall be subject to the provisions of subsection 4 of this
section.

3. Moneys in the budget stabilization fund which are not appropriated to
the governor to meet program funding requirements of the state in any
year shall be invested by the state treasurer in the same manner as other
surplus funds are invested. Interest earned on such investments shall be
credited to the budget stabilization fund, subject to the provisions of
subsection 4 of this section.

4. In the event that any amount to be transferred or credited to the
budget stabilization fund in any year pursuant to subsection 2 or 3 of
this section would cause the balance in the fund to exceed five percent
of the receipts into the general revenue fund for the preceding fiscal
year, then to the extent of such excess:

(1) An appropriation otherwise required to be recommended pursuant to
subsection 2 of this section shall be reduced; and

(2) Interest earnings shall be credited to the general revenue fund.

5. If at the close of any fiscal year the balance in the budget
stabilization fund shall exceed five percent of the receipts into the
general revenue fund for the same period, such excess shall be
transferred to the general revenue fund on or before the tenth day of the
succeeding fiscal year.

6. The general assembly may annually appropriate to the governor amounts
from the budget stabilization fund to be used as a reserve to meet budget
shortfalls. In any fiscal year in which the governor reduces the
expenditures of the state or any of its agencies below their
appropriations in accordance with section 27 of article IV of the
Missouri Constitution, and only during that period of time in which the
general assembly is in regular or extraordinary session, the governor may
authorize the commissioner of administration to transfer funds
appropriated to the governor from the budget stabilization fund to
fulfill the expenditures authorized by any of the existing appropriations
which were affected by the governor's decision to reduce expenditures
pursuant to section 27 of article IV of the Missouri Constitution. Prior
to making any authorization for the transfer of funds appropriated from
the budget stabilization fund, the governor shall notify the general
assembly of his intent to make such authorization; and, if not
disapproved by concurrent resolution within thirty days of the receipt of
such notice by the general assembly, such authorization shall be valid.
No amount shall be expended from funds appropriated to the governor from
the budget stabilization fund unless pursuant to an authorization by the
governor as specified in this subsection.

7. Except as provided in subsection 4 of this section, any amount
appropriated to the governor from the budget stabilization fund and not
expended at the end of any fiscal year shall revert to the fund and
balances remaining in the budget stabilization fund at the close of any
fiscal year shall not be subject to the provisions of section 33.080.

8. The general assembly shall not appropriate moneys from the budget
stabilization fund without authorization from the governor. (L. 1985 H.B.
838)

*Contingent repeal of this section, see subsection 2 of section 33.288,
RSMo.

1. On June thirtieth following the adoption of a constitutional
amendment to create the budget reserve fund, all moneys in the cash
operating reserve fund and the budget stabilization fund shall be
transferred to the budget reserve funds and both the cash operating
reserve fund and the budget stabilization fund shall be abolished.

2. The provisions of this act* shall become effective on June thirtieth
following the adoption of a constitutional amendment creating the budget
reserve fund and not otherwise. (L. 1999 S.B. 403 §§ 33.288, B)

Contingent effective date.

*"This act" (S.B. 403, 1999) contains sections 33.285, 33.288 and 33.577.

Within two weeks after the approval of the appropriation acts by
the governor, each department shall submit to the budget director a work
program and requested allotments of appropriations by quarterly periods
for the first fiscal year of the biennium. Such requested allotments
shall show how the department proposes to classify its expenditures for
various purposes and objects of expenditure within each such quarterly
period for the fiscal year. Such allotment requests and the allotments as
approved shall be in such form and in such detail as the budget director
shall direct. Such allotments shall be subject to approval by the
governor in such detail as he may determine except that the allotments of
the departments not directly under the control of the governor shall be
subject to approval only as to the total allotment for each quarter. At
the end of any quarterly period any department may make changes in the
allotments for the remaining periods upon approval of the governor. At
the end of any quarterly period the governor may revise the allotments of
any department, and if it shall appear that revenues in any fund for the
fiscal year will fall below the estimated revenues for such fund to such
extent that the total revenues of such fund will be less than the
appropriations from such fund, then and in such case, the governor shall
reduce the allotments of appropriations from such fund to any department
or departments so that the total of the allotments for the fiscal year
will not exceed the total estimated revenue of the fund at any such time.
Each such department shall in its requested allotments set aside three
percent of the appropriations as a reserve fund which shall be subject to
expenditure only with approval of the governor; provided, that this shall
not apply to amounts for personal service to pay salaries fixed by law.
On or before June first of the first fiscal year of the biennium, similar
work programs and requested allotments of the appropriation for the
second fiscal year of the biennium shall be submitted to the budget
director. Such requests and allotments shall be subject to the same
approval, limitations and changes as those for the first year. (RSMo 1939
§ 10906, A.L. 1945 p. 1428 § 59)

The governor, lieutenant governor, attorney general, state
auditor, state treasurer, and commissioner of administration constitute
the board of fund commissioners, of which the governor is president and
the state treasurer, secretary. The board shall direct the payment of
interest on the state debt, the redemption, issue and cancellation of
bonds of the state, and perform all acts required of it by law. (RSMo
1939 § 13110, A.L. 1945 p. 1428 § 86, A.L. 1961 p. 411, A.L. 1977 H.B.
178, A.L. 1992 S.B. 676 Adopted by Referendum, Proposition C, November 3,
1992)

Prior revisions: 1929 § 11490; 1919 § 13389; 1909 § 11890

Effective 11-3-92

1. "Public entity", as used in this section, shall mean the board
of fund commissioners of the state and the state board of public
buildings.

2. Any public entity as defined in subsection 1 of this section may:

(1) Execute and perform any obligations under any instruments, contracts,
or agreements convenient or necessary to incur obligations with interest
calculated at a fixed or variable rate, provided that no more than twenty
percent of the debt of the public entity to be outstanding on the day
after the issuance of any variable rate debt shall be variable rate debt;
and

(2) Obtain without any requirement for bidding, but with compliance with
the public entity's policies, credit enhancement or other financing
arrangements and execute and perform any obligations under any related
contracts and agreements convenient or necessary to facilitate such
enhancement or financing arrangements including but not limited to
arrangements such as municipal bond insurance; surety bonds; liquidity
facilities; forward agreements; tender agreements; remarketing
agreements; option agreements; interest rate swap, exchange, cap, lock or
floor agreements; letters of credit; and purchase agreements.

3. All financial arrangements entered into under the provisions of this
section shall be fully enforceable as valid and binding contracts as and
to the extent provided herein and by other applicable law.

4. Nothing in this section shall be applied or interpreted to diminish
the power any public entity may otherwise have under any other provisions
of law. (L. 2004 H.B. 959 § 1)

The board of fund commissioners shall determine whether any
governmental entity has sufficient fund balances to redeem leasehold
revenue bonds obligated under a federal desegregation action. If the
board of fund commissioners determines that any governmental entity has
sufficient fund balances to redeem or otherwise pay off such leasehold
revenue bonds, the state board of education shall certify, under
subdivision (5) of subsection 2 of section 160.415, RSMo, that no amount
is needed by such governmental entity to repay such bonds. (L. 2004 H.B.
795, et al. § 2)

The board of fund commissioners shall keep a record of their
proceedings, provide a seal with such device thereon as they may select,
and the official acts of the board shall be authenticated by the
signatures of the president and secretary with the seal attached. (RSMo
1939 § 13124, A.L. 1945 p. 1428 § 107)

Prior revisions: 1929 § 11504; 1919 § 13403; 1909 § 11904

When any bond or bonds or coupons issued by the state shall be so
defaced or mutilated as to become unsuitable for negotiation or are in a
condition to be lost by further keeping, the owner or owners of such bond
or bonds or coupons may have the same renewed on application to the board
of fund commissioners. (RSMo 1939 § 13070, A.L. 1945 p. 1428 § 87)

Prior revisions: 1929 § 11453; 1919 § 13359; 1909 § 11860

Before such bond or bonds or coupons shall be renewed it shall be
the duty of such owner or owners to surrender to the board of fund
commissioners such mutilated or defaced bonds or coupons, accompanied by
an application for such renewal, setting forth the number, date, amount
and object of issue of such bonds or coupons. (RSMo 1939 § 13071, A.L.
1945 p. 1428 § 88)

Prior revisions: 1929 § 11454; 1919 § 13360; 1909 § 11861

It shall be the duty of the board of fund commissioners to
compare the bond or bonds or coupons so surrendered with the register of
bonds in the office of the fund commissioners, and if satisfied that the
original bonds or coupons, according to said register, have been
surrendered for renewal, bonds or coupons of a similar character with
those surrendered shall be issued, signed and registered, in conformity
to the several acts under which the original bonds or coupons were
issued, respectively. (RSMo 1939 §§ 13072, 13111, A.L. 1945 p. 1428 § 89)

Prior revisions: 1929 §§ 11455, 11491; 1919 §§ 13361, 13390; 1909 §§
11862, 11891

The state treasurer shall endorse the bond or bonds or coupons
surrendered with the words:

Canceled and duplicate issued this .....day of ..... A.D. ......, his
signature to be attested by the secretary of state. (RSMo 1939 § 13073,
A.L. 1945 p. 1428 § 90, A.L. 1977 H.B. 178)

Prior revisions: 1929 § 11456; 1919 § 13362; 1909 § 11863

Said duplicate bonds or coupons shall be endorsed when registered
and before delivery, as follows:

This duplicate bond or coupon is issued in the place of the original bond
or coupon of like number and amount, this day surrendered to the state of
Missouri and canceled. (RSMo 1939 § 13074, A.L. 1945 p. 1428 § 91)

Prior revisions: 1929 § 11457; 1919 § 13363; 1909 § 11864

Whenever any state bond or bonds or coupons shall be lost, stolen
or destroyed, the owner or owners thereof may make application to the
board of fund commissioners for a renewal thereof. Such application shall
be verified by affidavit stating the fact of such loss, and the cause and
circumstances of the same, how, when and where such loss occurred. (RSMo
1939 § 13075, A.L. 1945 p. 1428 § 92)

Prior revisions: 1929 § 11458; 1919 § 13364; 1909 § 11865

The said application shall also be accompanied by a bond, to be
given by such owner or owners, on unencumbered real estate within this
state, or bonds of the United States or of the state of Missouri, or
indemnity or surety bond in double the amount of the principal and unpaid
interest of said bond or bonds at the time of application, conditioned to
save the state harmless from all damages or loss by reason of such issue
of duplicates or warrants, which said bonds shall be approved by the
board of fund commissioners, and shall be filed in the office of the fund
commissioners; and suit may be brought upon said bond in behalf of the
state at any time within ten years after the original bond or coupons
shall be presented for payment. (RSMo 1939 § 13076, A.L. 1945 p. 1428 §
93)

Prior revisions: 1929 § 11459; 1919 § 13365; 1909 § 11866

Whenever application is made for reissue of lost bonds or
coupons, and proper bond has been given by the applicant and approved by
the board of fund commissioners, the board of fund commissioners shall
examine the matter, and if they are satisfied that said bonds or coupons
have been destroyed, lost or stolen, then they shall order duplicate
bonds or coupons of like number, date and amount of the original bonds or
coupons to be issued, or they may, in their discretion, order a warrant
for the amount of such bonds or coupons to be drawn on the appropriation
made by the general assembly for state sinking fund or state interest
fund, for the payment of the same. When bonds are issued, coupons shall
be attached thereto of the same character and in the same number as was
on the original bonds at the time of their loss, destruction or theft.
(RSMo 1939 § 13112, A.L. 1945 p. 1428 § 94)

Prior revisions: 1929 § 11492; 1919 § 13391; 1909 § 11892

Said duplicate bonds or coupons shall be issued, signed and
registered in conformity to the several acts under which the original
bonds or coupons were issued, respectively. (RSMo 1939 § 13077, A.L. 1945
p. 1428 § 95)

Prior revisions: 1929 § 11460; 1919 § 13366; 1909 § 11867

Said duplicate bonds or coupons shall be endorsed, when
registered, and before the delivery, as follows:

This duplicate bond (or coupon) is issued in the place of the original
bond (or coupon) of like number and amount, proved to be lost or
destroyed. (RSMo 1939 § 13078, A.L. 1945 p. 1428 § 96)

Prior revisions: 1929 § 11461; 1919 § 13367; 1909 § 11868

It shall be the duty of the fund commissioners to select, from
time to time, some bank as fiscal agent, where all of the interest on the
bonded debt of the state shall be paid, except interest on the state
school and seminary bonds or state certificates of indebtedness, the
interest on which shall be paid directly out of the state treasury; and
whenever a change shall be made in the state's fiscal agent, the board
shall immediately notify the holders of said bonds of such new selection
by publication in two metropolitan daily newspapers. (RSMo 1939 § 13114,
A.L. 1945 p. 1428 § 98)

Prior revisions: 1929 § 11494; 1919 § 13393; 1909 § 11894

The said board of fund commissioners shall require the bank
selected as the fiscal agent of the state to furnish the board a
statement of the amount of money received by said bank for the payment of
interest on the bonds of the state, as aforesaid. The said bank shall
open an account with the board of fund commissioners, crediting them with
the amount received, and charging them with the bonds and coupons paid by
it for the state, and its commissions, which commissions shall not exceed
one-tenth of one percent of the amount paid by it. (RSMo 1939 § 13115,
A.L. 1945 p. 1428 § 99)

Prior revisions: 1929 § 11495; 1919 § 13394; 1909 § 11895

The fund commissioners, at the times provided by law before any
state bonds or interest thereon becomes due, shall requisition the amount
necessary to pay the bonds or interest and the necessary expenses to be
incurred in transmitting the moneys; whereupon the commissioner of
administration shall certify the amount and a warrant shall be issued
upon the state treasury payable out of the current appropriation made by
the general assembly for the payment of the bonds and interest. If there
is not sufficient money in the treasury belonging to the fund to pay the
warrant, then the deficiency shall be paid out of any other moneys in the
treasury belonging to the general revenue fund. The warrant shall be
delivered to the state treasurer, who shall transmit the amount of money
therein specified to the state's fiscal agent, with instructions to place
the money to the credit of the board of fund commissioners for payment of
interest, or principal, of the bonded indebtedness of the state. (RSMo
1939 § 13116, A.L. 1945 p. 1428 § 100, A.L. 1961 p. 411, A.L. 1991 S.B.
185)

Prior revisions: 1929 § 11496; 1919 § 13395; 1909 § 11896

Effective 6-18-91

The board of fund commissioners shall require the bank selected
as state's fiscal agent to transmit to them, within thirty days after
payment of any installment of interest or bonds, an exact copy of the
account between the bank and the fund commissioners, with an abstract of
the coupons or bonds taken up by the bank, and the coupons or bonds. The
abstract and coupons or bonds shall be carefully compared by the fund
commissioners, and if correct, the fund commissioners shall certify to
the fiscal agent the correctness of the abstract, and credit the fiscal
agent with the amount of bonds or coupons paid, as shown by the abstract.
(RSMo 1939 § 13117, A.L. 1945 p. 1428 § 101, A.L. 1961 p. 411)

Prior revisions: 1929 § 11497; 1919 § 13396; 1909 § 11897

If at any time the board of fund commissioners shall be of the
opinion that the safety of state moneys requires immediate withdrawal
from state depositary, or the state's fiscal agent, they shall direct
such withdrawal to be made, and the state treasurer shall forthwith obey
such order. (RSMo 1939 § 13123, A.L. 1945 p. 1428 § 106)

Prior revisions: 1929 § 11503; 1919 § 13402; 1909 § 11903

The state treasurer shall keep in his office all canceled bonds
and coupons of the board of fund commissioners. All canceled bonds and
coupons of the board shall be bound or otherwise secured in such manner
as to provide adequate safekeeping records. (RSMo 1939 § 13046, A.L. 1945
p. 1428 § 108, A.L. 1977 H.B. 178, A.L. 1991 S.B. 185)

Prior revisions: 1929 § 11424; 1919 § 13330; 1909 § 11831

Effective 6-18-91

All bonds purchased or paid under the laws of this state shall be
deposited with the state treasurer, who shall immediately proceed, in the
presence of the fund commissioners, to cancel the bonds and all attached
coupons by punching in a manner to preclude the possibility of
negotiation, use or sale. He shall register the canceled bonds in a
well-bound book kept for that purpose, designated "the redeemed bond
register". The bonds shall be registered by their numbers, dates, series
and amounts, the date of their payment or purchase, to whom paid or from
whom purchased, and under what law it was done. (RSMo 1939 § 13080, A.L.
1945 p. 1428 § 109, A.L. 1961 p. 411, A.L. 1977 H.B. 178)

Prior revisions: 1929 § 11463; 1919 § 13373; 1909 § 11874

1. The general obligation bonds issued pursuant to section 37 of
article III of the Missouri Constitution may be refunded in whole or in
part, in any of the following circumstances:

(1) When any such bonds are by their terms callable for payment and
redemption in advance of their date of maturity and are duly called for
payment and redemption; or

(2) When any such bonds are voluntarily surrendered by the holder or
holders thereof in exchange for refunding bonds; or

(3) When rates of interest make it favorable to refund any bonds issued,
otherwise when the board deems it advisable and in the best interest of
the state to refund any bonds.

2. For the purpose of refunding any bonds issued pursuant to section 37
of article III of the Missouri Constitution, sections 33.300 to 33.540,
and this section, including refunding bonds, the board may:

(1) Make and issue refunding bonds in the amount necessary to pay off and
redeem the bonds to be refunded in advance of their maturity or
redemption, or as the same mature or are called for redemption, together
with unpaid and past due interest thereon and any premium which may be
due under the terms of the bonds, together also with the cost of issuing
the refunding bonds;

(2) Sell refunding bonds in the manner provided in sections 33.300 to
33.540, for the sale of general obligation bonds;

(3) Use the proceeds from the sale of refunding bonds to pay off, redeem
and cancel the old bonds and coupons in advance of their maturity or
redemption or as the same mature or are called for redemption, together
with the past due interest and the premium, if any, due thereon, or the
bonds may be issued and delivered in exchange for a like par value amount
of bonds to refund which the refunding bonds were issued. No refunding
bonds issued pursuant to section 37 of article III of the Missouri
Constitution shall be payable in more than twenty-five years from the
date thereof or shall bear interest at a rate or rates exceeding the rate
permitted by law.

3. Payment of the refunding bonds and the interest thereon shall be
secured by a pledge of the full faith, credit and resources of the state
of Missouri. Bonds of two or more issues may be refunded by a single
issue of refunding bonds.

4. Refunding bonds may be issued by the board pursuant to this section
without further authorization of the general assembly. Any refunding
bonds issued pursuant to this section shall not create an additional debt
or liability for the purpose of calculating the limitation on the amount
of bonds which the board may issue imposed by section 37 of article III
of the Missouri Constitution. (L. 1986 S.B. 457, et al., A.L. 1987 H.B.
870)

There is hereby created in the state treasury the "General
Revenue Fund". All moneys received by this state shall be deposited in
the state treasury to the credit of the general revenue fund, unless
required by statute or constitutional provision to be deposited in some
other specifically named fund. (L. 1978 H.B. 1218 § 1)

Effective 7-1-78

1. There is hereby created in the state treasury the "Federal
Grant Program Fund". All moneys received from the federal government as
grants shall be deposited in the state treasury to the credit of the
federal grant program fund except those funds which are required by the
constitution or statutes of this state to be placed in a restricted use
fund.

2. All money received by any agency to cover indirect or reimbursable
costs shall be deposited in the treasury to the credit of the appropriate
fund.

3. Notwithstanding the provisions of section 33.080, moneys in the
federal grant program fund shall not lapse.

4. No money shall be withdrawn from the federal grant program fund except
by appropriation. (L. 1978 H.B. 1218 § 2)

Effective 7-1-78

Whenever any devise, bequest, donation, gift or assignment of
money, bonds or choses in action, or of any property, real, personal or
mixed, shall be made or offered to be made to this state, the director of
revenue shall be and is hereby authorized to receive and accept the same
on such terms, conditions and limitations as may be agreed upon between
the grantor, donor or assignor of said property and said official, so
that the right and title to such property shall pass to and vest in this
state, and all such property so vested in this state and the proceeds
thereof when collected may be appropriated for educational purposes, or
for such other purposes as the legislature may direct. (RSMo 1939 § 643,
A.L. 1947 V. I p. 296)

Prior revisions: 1929 § 643; 1919 § 5333

Whenever it shall be necessary to protect the right or title of
the state to any property so received or derived as aforesaid, or to
collect or reduce into possession any such bonds, notes, bills, or chose
in action or other property, the attorney general shall institute and
prosecute necessary proceedings in any court of competent jurisdiction,
and shall employ such counsel as he may deem necessary to assist in the
institution and prosecution of such proceedings, who shall, for services
thus rendered, be entitled to reasonable compensation out of the amounts
recovered or collected in such proceedings. (RSMo 1939 § 644)

Prior revisions: 1929 § 644; 1919 § 5334

CROSS REFERENCE: Insolvency, priority of state's lien, RSMo 430.330,
430.340

(1965) Employee of attorney general with authority only as an
investigator of tax matters who participated in taking of depositions was
not empowered to waive state's immunity. State v. Hall (Mo.), 389 S.W.2d
798.

There is hereby created in the treasury the "State Institutions
Gift Trust Fund". Unless otherwise provided, all moneys derived from
gifts, bequests or donations to or for the use of any state agency or
state institution shall be deposited in the treasury to the credit of the
state institutions gift trust fund and shall be appropriated for the
purposes of carrying out the objects for which the gift, bequest or
donation was made. (L. 1978 H.B. 1218 § 3)

Effective 7-1-78

CROSS REFERENCE: State institutions gift trust fund abolished subject to
exemption, RSMo 33.571

1. A special revolving fund to be known as the "International
Promotions Revolving Fund" is hereby established within the state
treasury. It shall consist of any fees, gifts, contributions, grants or
bequests received by the fund from federal, private or other sources. No
appropriations from the state's general revenue fund shall be made by the
general assembly to the international promotions revolving fund.

2. The state treasurer shall be the custodian of the fund and shall make
disbursements from it as provided for in appropriations. The purpose of
the international promotions revolving fund is to enable the state to
represent Missouri corporations and businesses at international
promotions. For the purposes of this section, "promotions" shall mean
trade shows, catalog shows, trade missions, foreign missions to Missouri,
seminars, conferences, promotional catalogs and market research reports.
Moneys appropriated from the fund shall be used for the payment of
registration fees, travel expenses, support of staff, fees for
translators, the costs of transportation in foreign countries and other
necessary expenses associated with attendance at international promotions.

3. Any moneys remaining in the international promotions revolving fund at
the end of any fiscal year shall not lapse to the general revenue fund,
as provided for in section 33.080, but shall remain in the international
promotions revolving fund. (L. 1990 S.B. 633 §§ 1, 2, 3, A.L. 1994 H.B.
1248 & 1048, A.L. 1998 S.B. 828)

The attorney general's court costs fund established by section
27.080, RSMo; the microfilming service revolving fund established by
section 28.085, RSMo; the central check mailing service revolving fund
established by section 30.245, RSMo; the revenue sharing trust fund
established by section 30.900, RSMo; the Missouri veterans home fund and
the Missouri state rehabilitation center fund established by section
31.010, RSMo; the state institutions gift trust fund established by
section 33.563; the Missouri state surplus property clearing fund
established by section 37.090, RSMo; the tort defense fund established by
section 105.710, RSMo; the grade crossing fund established by section
152.032, RSMo; the handicapped children's trust fund established by
section 162.790, RSMo; the state guaranty student loan fund established
by section 173.120, RSMo; the special fund for the vocational
rehabilitation of persons established by section 178.630, RSMo; the
library service fund established by section 181.025, RSMo; the medical
services fund established by section 192.255, RSMo; the crippled
children's service fund established by section 201.090, RSMo; the
Missouri clean water fund established by section 644.051, RSMo; the
housing development fund established by section 215.050, RSMo; the
national historic preservation fund established by section 253.022, RSMo;
the state park board building fund established by section 253.230, RSMo;
the Missouri federal water projects recreation fund established by
section 640.510, RSMo; the marketing development fund established by
section 261.035, RSMo; the state fair fees fund established by section
262.260*, RSMo; the state fair trust fund established by section 262.262,
RSMo; the abandoned fund account established by section 362.395, RSMo;
the public service commission fund established by section 386.370, RSMo;
the escheats fund established by section 470.020, RSMo; the professional
liability review board fund established by section 538.055, RSMo; and the
highway patrol academy fund established by section 590.145, RSMo, are
abolished. All balances in any of those funds on September 28, 1983, may
be, as deemed necessary by the state treasurer and commissioner of
administration, transferred to the general revenue fund. Prior to such
date, any of the funds listed in this section which may be determined to
be required for the continued custody or receipt of money or property
under the terms of any testamentary instrument or indenture of trust, or
from which repayment of any bonded indebtedness is to be made, shall be
certified by the commissioner of administration to the state treasurer
and upon such certification, shall be exempted from the provisions of
this section. He shall notify the revisor of statutes if such changes are
made so that appropriate notations may be made in the revised statutes.

2. The state treasurer and the commissioner of administration shall
establish appropriate accounts within the state treasury and in
accordance with the state's accounting methods, and those accounts shall
be the successors to the enumerated funds. Any receipt required to be
deposited in the treasury to the credit of a particular fund which is
abolished shall be deposited in the general revenue fund instead and
shall be credited to the successor account. Any disbursement required to
be made from a particular fund which is abolished shall be made from the
general revenue fund and shall be charged to the successor account, but
no disbursement from the general revenue fund shall be approved whenever
such disbursement exceeds the balance available in the designated
successor account. When enacting appropriations, the general assembly may
establish such accounts within the general revenue fund as it deems
necessary and appropriate to control expenditures, and any appropriation
authorizing an expenditure from the general revenue fund shall specify
the appropriate account within the general revenue fund.

3. The state treasurer, the director of revenue, the commissioner of
administration and others are specifically empowered to make necessary
changes and adjustments so as to properly reflect state receipts and
disbursements which may be received or expended for particular purposes,
but it is the intent of the general assembly by this enactment to
transfer moneys affected thereby to the general revenue fund for handling
and investment. The revisor of statutes shall prepare necessary bills to
change the revised statutes so as to reflect this intent. (L. 1983 H.B.
549 §1)

Effective 6-22-83

*State fair fee fund was reestablished by S.B. 540, 2000.

CROSS REFERENCE: Additional state funds that have been abolished, RSMo
136.145

There is hereby established within the state treasury a fund to
be known as the "Cash Operating Reserve Fund". The following moneys shall
be transferred to or credited to the cash operating reserve fund:

(1) An amount equivalent to the nonrecurring general revenues collected
by the provisions of section 144.081, RSMo, acceleration in general
revenue fund sales tax receipts, and section 144.087, RSMo, deposit of
cash bonds, or thirty-four million dollars, whichever is less. The amount
provided by this section will be deposited in the cash operating reserve
fund prior to June 30, 1985; and

(2) Such amounts as may be appropriated by the general assembly or
otherwise credited to the cash operating reserve fund.

The commissioner of administration may, throughout any fiscal year,
transfer amounts from the cash operating reserve fund to the general
revenue fund without other legislative action if he determines that such
transfers are necessary for the cash requirements of the state. The
commissioner shall transfer from the general revenue fund to the reserve
an amount equal to the amount transferred from the reserve to the general
revenue fund, but in any case the transfer must be made prior to May
first of the fiscal year. No transfer out of the cash reserve may be made
during May or June of any fiscal year. The balance in the reserve on May
first of each fiscal year shall not be less than the sum of the opening
balance of the reserve for that fiscal year plus accrued interest earned.
Funds in the reserve which are not needed for current cash requirements
of the state shall be invested by the treasurer in the same manner as
other surplus funds are invested. (L. 1983 1st Ex. Sess. H.B. 10 § 3)

Effective 1-1-84

*Contingent repeal of this section, see subsection 2 of section 33.288,
RSMo.

There is created "The Governmental Emergency Fund" which shall
consist of all moneys appropriated, transferred or otherwise credited to
it by law not to exceed the sum of one hundred fifty thousand dollars per
annum. (L. 1967 p. 115 § 1)

1. There is created "The Governmental Emergency Fund Committee"
consisting of the governor, the commissioner of administration, the
chairman and ranking minority member of the senate appropriations
committee, the chairman and ranking minority member of the house
appropriations committee and the director of the division of design and
construction who shall serve as consultant to the committee without vote.

2. The members of the committee shall serve without compensation but
shall be reimbursed for actual and necessary expenses incurred by them in
the performance of their official duties.

3. The committee shall elect from among its members a chairman and vice
chairman and such other officers as it deems necessary. (L. 1967 p. 115 §
2)

The moneys in the fund are subject to allocation and expenditure
in the manner prescribed in sections 33.700 to 33.730 and only to meet
emergency and unanticipated requirements necessary to insure the proper
functioning of state government and to render essential state services
when the general assembly is not in session and which were not
foreseeable or predictable at the time of the preparation and adoption of
the budget and the passage of appropriation measures during the session
of the general assembly next preceding the occurrence of the emergency
and for which moneys, other than from this fund, are not available or are
insufficient. (L. 1967 p. 115 § 3)

1. Requests by a state department or agency for the allocation
and expenditure of money from the fund shall be made by the
administrative head of the department or agency in writing to the
governor and to the chairman of the governmental emergency fund committee
who shall transmit the request to the committee.

2. The request shall recite the existence of the circumstances which are
deemed to require the requested allocation and expenditure from the fund,
the amount necessary to meet the emergency and such other information as
the committee may by rule or regulation require.

3. No allocation or expenditure of money from the fund shall be made
except after authorization by a majority vote of the full membership of
the governmental emergency fund committee and only for the specific
purpose authorized by the committee. Upon approval of any allocation and
expenditure from the fund, the committee shall certify to the
commissioner of administration the amount and purposes allowed. (L. 1967
p. 115 § 4, A.L. 1971 S.B. 163)

As used in this section and section 33.752:

(1) "Commission" refers to the Missouri minority business development
commission established under section 33.752;

(2) "Contract" means any contract awarded by a state agency for
construction projects or the procurement of goods or services, including
professional services;

(3) "Minority business enterprise" or "minority business" means an
individual, partnership, corporation, or joint venture of any kind that
is owned and controlled by one or more persons who are:

(a) United States citizens; and

(b) Members of a racial minority group;

(4) "Owned and controlled" means having:

(a) Ownership of at least fifty-one percent of the enterprise, including
corporate stock of a corporation;

(b) Control over the management and day-to-day operations of the
business; and

(c) An interest in the capital, assets, and profits and losses of the
business proportionate to the percentage of ownership;

(5) "Racial minority group" means:

(a) Blacks;

(b) American Indians;

(c) Hispanics;

(d) Asian Americans; and

(e) Other similar racial minority groups;

(6) "State agency" refers to an authority, board, branch, commission,
committee, department, division, or other instrumentality of the
executive branch of state government. (L. 1984 S.B. 468 § 1, A.L. 1993
H.B. 566)

1. There is hereby established the "Missouri Minority Business
Advocacy Commission". The commission shall consist of nine members:

(1) The director of the department of economic development;

(2) The commissioner of the office of administration;

(3) Three minority business persons, appointed by the governor, one of
whom shall be designated chairman of the commission;

(4) Two members of the house of representatives appointed by the speaker
of the house of representatives;

(5) Two members of the senate appointed by the president pro tempore of
the senate. No more than two of the three members appointed by the
governor may be of the same political party. Appointed members of the
commission shall serve four-year terms, except that of the initial
appointments made by the governor, one shall be for a two-year term, one
shall be for a three-year term and one shall be for a four-year term. A
vacancy occurs if a legislative member leaves office for any reason. Any
vacancy on the commission shall be filled in the same manner as the
original appointment.

2. The department of economic development and the office of
administration shall develop a plan to increase procurements from
minority businesses by all state departments and submit that plan to the
governor by July, 1994.

3. Each member appointed by the governor shall receive as compensation a
per diem of up to thirty-five dollars for each day devoted to the affairs
of the commission and be reimbursed for his actual and necessary expenses
incurred in the discharge of his official duties.

4. Each legislative member of the commission is entitled to receive the
same per diem, mileage, and travel allowances paid to members of the
general assembly serving on interim committees. The allowances specified
in this subsection shall be paid from the amounts appropriated for that
purpose.

5. The commission shall meet at least three times each year and at other
times as the chairman deems necessary.

6. The duties of the commission shall include, but not be limited to, the
following:

(1) Identify minority businesses in the state;

(2) Assess the needs of minority businesses;

(3) Initiate aggressive programs to assist minority businesses in
obtaining state contracts and federal agency procurements;

(4) Give special publicity to procurement, bidding, and qualifying
procedures;

(5) Include minority businesses on solicitation mailing lists;

(6) Make recommendations regarding policies, programs and procedures to
be implemented by the commissioner of the office of administration;

(7) Prepare and maintain timely data on minority business qualified to
bid on state and federal procurement projects;

(8) Prepare a review of the commission and the various affected
departments of government to be submitted to the governor and the general
assembly on March first and October first of each year, evaluating
progress made in the areas defined in this subsection;

(9) Provide a focal point and assist and counsel minority small
businesses in their dealings with federal, state and local governments
regarding the obtaining of business licenses and permits, including, but
not limited to, providing ready access to information regarding
government requirements which affect minority small business;

(10) Analyze current legislation and regulation as it affects minority
business for the purpose of determining methods of elimination or
simplification of unnecessary regulatory requirements;

(11) Assist minority businesses in obtaining available technical and
financial assistance;

(12) Initiate and encourage minority business education programs,
including programs in cooperation with various public and private
educational institutions;

(13) Receive complaints and recommendations concerning policies and
activities of federal, state and local governmental agencies which affect
minority small businesses, and develop, in cooperation with the agency
involved, proposals for changes in policies or activities to alleviate
any unnecessary adverse effects to minority small business.

7. The department of economic development shall furnish administrative
support and staff for the effective operation of the commission. (L. 1984
S.B. 468 § 2, A.L. 1993 H.B. 566)

The Missouri minority business advocacy commission, as
established pursuant to section 33.752 shall, in addition to providing
the governor with a plan to increase procurement from minority businesses
by all state departments as provided in subsection 2 of section 33.752,
also provide to the general assembly the findings of such plan and
provide details of any recommended legislation that may be needed to
carry out the provisions of the plan. The commission shall submit the
plan and recommended legislation to the general assembly within six
months of delivery of the original plan to the governor. (L. 1995 H.B.
562 § 34.354)

The minority business development commission shall consult with
the tourism commission in establishing rules and regulations for
African-American and other minority business participation. (L. 1993 H.B.
188 § 2)

The chairman of the house budget committee, the chairman of the
senate appropriations committee and the commissioner of administration
shall develop budget review procedures to provide for a performance-based
review of state agency budgets. Such procedures shall be jointly adopted
by the budget committee of the house, the appropriations committee of the
senate and the office of administration. (L. 1994 H.B. 1109, et al. § 1,
A.L. 2003 S.B. 299 & 40)

1. Performance-based review procedures shall be designed to:

(1) Operate on a defined rotating basis requiring the performance- based
review of specified departments or agencies in a particular fiscal year;
or

(2) Provide for random review of specific departments or agencies on the
basis of perceived needs and requirements of the state budget.

2. Performance-based review shall be required by the budget and
appropriations committees and the selection of the department or agency
or program shall be made on a rotating basis, with a majority concurrence
of the chairman of the house budget committee, the chairman of the senate
appropriations committee and the director of the division of budget and
planning; provided that, every department, division, or agency shall be
reviewed at least once every five years after January 1, 2005. The chair
of the house budget committee, the chair of the senate appropriations
committee, and the director of the division of budget and planning shall
decide what the review will cover, which may include the:

(1) Entire budget of the department or agency;

(2) Budget subclasses as detailed by the office of administration; or

(3) Selected programs; and

(4) Outcome measures used for programs and funds within the department,
division, or agency.

3. Where similar programs or services are provided by more than one
department or agency, the performance-based review procedures may provide
for a review and investigation of the program or service level on an
interagency or interdepartmental basis in an effort to consolidate such
programs or services. (L. 1994 H.B. 1109, et al. § 2, A.L. 2003 S.B. 299
& 40)

1. Any department or agency selected for a performance-based
review under procedures adopted pursuant to the provisions of sections
33.800 to 33.810 shall present its appropriation request in a manner
prescribed by the budget and appropriation committees so that all
programs or services can be reviewed, to the extent practicable, on the
basis of a cost/benefit evaluation, and shall contain, to the extent
requested, a detailed itemization of all existing and anticipated
expenditures which are to be allocated to each program, service or
function for the year of the appropriation request.

2. All departments and agencies shall submit their respective
appropriations requests in a uniform manner as prescribed by procedures
prescribed pursuant to section 33.800. (L. 1994 H.B. 1109, et al. § 3,
A.L. 2003 S.B. 299 & 40)

All officers and employees of the state, all departments, boards,
commissions, bureaus and other agencies and institutions of the state
which are supported, in whole or in part, by appropriations from the
state shall furnish the budget committee of the house of representatives
and the appropriations committee of the senate with complete access to
their records and full information and assistance in any matter of
research or investigation in connection with a performance-based review.
This section shall not be construed to compel the disclosure of any
records or information which is declared to be privileged or confidential
under any law of this state or the United States or by an order of a
court of competent jurisdiction. (L. 1994 H.B. 1109, et al. § 4, A.L.
2003 S.B. 299 & 40)

When any department or agency is selected for a performance-
based review pursuant to the provisions of sections 33.800 to 33.810, an
analysis team shall be formed to consist of a budget analyst of the
senate appropriations committee selected by the chairman of the senate
appropriations committee, a budget analyst of the house budget committee
selected by the chairman of the house budget committee, a budget analyst
who is employed by the office of administration designated by the
commissioner of administration, and an employee of the department or
agency subject to the performance-based review selected by the chief
administrative officer of that department or agency. Upon request of the
chairmen of the legislative committees, the oversight division of the
joint committee on legislative research shall assist the analysis team
and provide such services as may be required. Members of the team shall
receive no additional compensation for their services, but may be
reimbursed for their actual and necessary expenses connected with the
performance of their duties out of the joint legislative contingent fund.
The team shall perform such functions, analysis and other duties as are
specified in the performance-based review procedures established pursuant
to the provisions of section 33.800. The team shall begin the
performance- based review no sooner than the final approval of the
appropriations bills by the governor and complete the review no later
than December thirty-first of the same year. (L. 1994 H.B. 1109, et al. §
5, A.L. 2003 S.B. 299 & 40)

1. Prior to the acceptance of any new financial assistance or
grants from the federal government, or agency thereof, by or on behalf of
the state agency thereof, a copy of such application shall be submitted
to the members of the budget committee of the house of representatives,
the members of the appropriations committee of the senate and the office
of administration unless notification of the new assistance or grant was
provided through the agency's budget request.

2. The provisions of subsection 1 of this section shall not apply to
publicly supported two- and four-year institutions of higher education
unless the federal grant or assistance requires the state to appropriate
state funds as a condition that must be met for expenditure of the
federal grant or assistance. (L. 1994 H.B. 1109, et al. § 6)

Sections 33.825 to 33.831 shall be known and may be cited as the
"Federal Mandate Auditor Act". (L. 1994 H.B. 1109, et al. § 7)

As used in sections 33.825 to 33.831, the following terms mean:

(1) "Congressional delegation", all members of the United States Senate
and House of Representatives from Missouri;

(2) "State", all agencies of the state including independent agencies,
state colleges and universities; and

(3) "Unfunded federal mandate", a provision of a federal law or
regulation that raises state or local government costs without providing
the corresponding funding. (L. 1994 H.B. 1109, et al. § 8)

The director of the oversight division of the committee on
legislative research shall be the federal mandate auditor. (L. 1994 H.B.
1109, et al. § 9)

1. The federal mandate auditor shall make an inventory of all
unfunded federal mandates on the state and on local governments in the
state. The federal mandate auditor shall make a calculation of the cost
of these federal mandates to the different levels of government.

2. The federal mandate auditor shall issue an annual report by January 1,
1995, which shall contain:

(1) A summary of the cost of unfunded federal mandates on the state as
well as full detail on cost by program and agency;

(2) A summary of the cost of unfunded federal mandates on local
governments, broken down as far as possible;

(3) Statistics that show the year-to-year trends in unfunded federal
mandates in total as well as by program. This historical analysis shall
also include the aggregate trend for federal mandates on the state and
federal mandates on local governments.

3. The report or a summary thereof prepared pursuant to this section
shall be sent to:

(1) The governor;

(2) The state's United States Senators and Representatives;

(3) The clerks of each respective house; and

(4) The top elected official of each local government unit requesting
such report. (L. 1994 H.B. 1109, et al. § 10)

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